Domestic Violence Response: Berk eley Needs a ... · Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees . 4 . Introduction . Domestic violence

Promoting transparency and accountability in Berkeley government

Audit Report

October 10, 2019

Domestic Violence

Response: Berkeley

Needs a Comprehensive

Policy to Support City

Employees

Promoting transparency and accountability in Berkeley government

Report Highlights

For the full report, visit:

http://www.cityofberkeley.info/auditor

Findings

1. Berkeley’s domestic violence leave policy does not include the

state requirements of defining sexual assault and stalking or

stating that the policy covers employees dealing with these

experiences. We also found that Berkeley’s policy does not

provide Human Resources the flexibility to use its discretion

to allow self-certification in rare instances.

2. Berkeley’s policy does not include guidance on key domestic

violence issues that affect employees or the workplace.

3. Berkeley can adopt practices to be better positioned to

implement a robust, coordinated, and supportive domestic

violence response, including: training, outreach and

education, collaboration, and commitment to an inclusive

and trauma-informed response.

Recommendations

To reflect the full extent of state law, we recommend Human

Resources revise the policy to define and include sexual assault,

stalking, and witnesses’ rights. We also recommend Human

Resources clarify that requirements for employees to document

their use of leave or request for accommodations are at the

discretion of Human Resources, and that employees are

encouraged to come to Human Resources for assistance even if

they do not initially have the documentation that may be

requested.

To ensure Berkeley’s policy addresses key domestic violence

issues in the workplace, we recommend Human Resources revise

its policy to incorporate all the model policy and best practice

elements described in the report, and communicate this guidance

to city staff.

To prepare Berkeley for implementing an inclusive domestic

violence response policy, we recommend Human Resources

implement best practices, including providing supervisor

training, conducting ongoing employee outreach, facilitating

collaboration, and adopting a trauma‑informed and inclusive

approach.

October 10, 2019

Objectives

To what extent does Berkeley’s policy

reflect state requirements?

Does Berkeley’s policy address the key

domestic violence issues in the

workplace?

Is Berkeley prepared to implement a

supportive domestic violence response

policy?

Why This Audit Is Important

Domestic violence can extend into the

workplace to threaten employee safety

and wellbeing. In a national survey, 60

percent of respondents who

experienced domestic violence

reported losing their jobs as a

consequence of the abuse. Studies

estimate that domestic violence costs

$8.3 billion a year in health costs and

lost productivity.

A comprehensive response for

employees experiencing domestic

violence can improve their wellbeing

and help employees stay safe. Berkeley

is a step ahead of many other

workplaces in having developed a

stand-alone leave policy in January

2019 to help employees experiencing

domestic violence get the support they

need. However, we are concerned that

supervisors are not trained to comply

with the policy and employees do not

know about the options for assistance

available to them.


Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees

3

Table of Contents

Page 4

Page 5

Page 7

Introduction; Scope, Objectives, and Methodology

Background

Policy Does Not Completely Reflect State Requirements

Page 7

Page 8

Page 9

Page 9

Policy does not address sexual assault and stalking, or the rightsof employees who have witnessed domestic violence.

Policy does not state factors used in determining whether accommodations are reasonable.

Policy title is focused on leave and is not comprehensive.

Policy does not allow exceptions for employees to self-certify their leave or accommodation.

Page 11 Recommendations

Page 12 Policy Does Not Address Key Workplace Domestic Violence Issues

Page 14 Recommendation

Page 15 Berkeley Needs to Prepare All Staff to Comply with the Policy

Page 15 Provide training and guidance for supervisors.

Page 16 Inform employees about the policy and encourage them to seek

assistance.

Page 17 Collaborate with city staff on domestic violence response.

Page 18 Adopt trauma-informed and inclusive approach.

Page 19 Recommendation

Page 20 Appendix I — Methodology and Statement of Compliance

Page 23 Appendix II — Management Response

Page 30 Appendix III — Domestic Violence Resources


4

Introduction

Domestic violence can occur anywhere, and its effects can extend into the workplace to threaten employee

safety, health, and wellbeing. Nationally, one in four women and one in seven men have experienced severe

violence by an intimate partner in their lifetime.1 Domestic violence risk is higher for people of color and

people who identify as LGBTQ+ or non-binary gender.2 In a national survey, 60 percent of respondents who

experienced domestic violence reported losing their jobs, and 96 percent reported their work performance

suffered as a consequence of the abuse.3 Alarmingly, 43 percent of women killed in U.S. workplaces were

killed by a relative or domestic partner.4 Studies estimate that domestic violence costs $8.3 billion a year in

health costs and lost productivity.5 Responding to local concerns about these distressing statistics, City

Council passed a resolution in 2018 co-authored by Berkeley’s Peace and Justice Commission and

Commission on the Status of Women resolving that freedom from domestic violence is a human right.

A comprehensive and coordinated response for employees experiencing domestic violence can improve their

wellbeing and help employees stay safe, but most workplaces do not have a domestic violence response

policy.6 Berkeley is a step ahead of many other workplaces in having developed a stand-alone leave policy in

January 2019 to help employees experiencing domestic violence get the support they need. However, we are

concerned that supervisors are not trained to comply with the policy and employees do not know about the

options for assistance available to them. We are also concerned that the current policy is limited. The

intention for this audit is to outline a more comprehensive approach that Berkeley can adopt to be a leader

in responding to domestic violence in the workplace and encouraging employees to seek the assistance

available to them if needed.

Scope, Objectives, and Methodology

This audit focused on the City of Berkeley’s domestic violence leave policy. Our objectives were to

determine:

1. To what extent does Berkeley’s policy reflect state requirements?

2. Does Berkeley’s policy address the key domestic violence issues in the workplace?

3. Is Berkeley prepared to implement a supportive domestic violence response policy?

We examined Berkeley’s current policy, reviewed relevant laws and regulations, interviewed subject-matter

experts and Berkeley employees, and reviewed best practices. For more information, see Appendix I.

1 National Domestic Violence Hotline: https://www.thehotline.org/resources/statistics/ 2 Alameda County Department of Public Health: http://www.acphd.org/media/506904/dv_2018_ac.pdf 3 Workplaces Respond to Domestic and Sexual Violence: A National Resource Center: https://www.workplacesrespond.org/facts/ 4 National Bureau of Labor Statistics, 2015 (most recent data available): https://www.bls.gov/iif/oshwc/cfoi/workplace-

homicides.htm 5 Workplaces Respond to Domestic and Sexual Violence: A National Resource Center: https://www.workplacesrespond.org/facts/ 6 National Domestic Violence Hotline: https://www.thehotline.org/resources/statistics/

https://www.thehotline.org/resources/statistics/

http://www.acphd.org/media/506904/dv_2018_ac.pdf

https://www.workplacesrespond.org/facts/

https://www.bls.gov/iif/oshwc/cfoi/workplace-homicides.htm





5

Background

Domestic violence is a pattern of coercive behavior, including acts or threats, used by one person to gain

power and control over another person. Domestic violence occurs between current or former spouses, family

members, intimate partners, or parents of children or stepchildren in common. Domestic violence affects

people of all walks of life regardless of race, gender, sexual orientation, income, culture, nationality, and

religion. The populations at highest risk include:

Women ages 18-44;

Women of color, particularly African American and Native populations;

Pregnant and postpartum women;

LGBTQ+ people;

People with disabilities;

Youth and adults who witnessed or experienced domestic violence as children;

People who are low-income or in poverty; and

Immigrants and refugees.

Though incidents of domestic violence often occur outside of work, domestic violence is a serious issue that

can affect employees in the workplace. Domestic violence can result in physical harm, health issues, trauma,

and emotional distress for employees. As a result, employees experiencing domestic violence may have

excessive absences from work, problems with work performance, and other interference that can threaten

their ability to do their job, advance in their job, or keep their job. Maintaining sufficient employment is

important for those experiencing domestic violence. About three out of four people who experience

domestic violence cited economic insecurity as the main reason they stayed in an abusive situation.7

Table 1. Statistics on Domestic Violence in the Workplace

Sources: See footnotes.

7 Workplaces Respond to Domestic and Sexual Violence: A National Resource Center: https://www.workplacesrespond.org/facts/ 8 National Bureau of Labor Statistics, 2015 (most recent data available): https://www.bls.gov/iif/oshwc/cfoi/workplace-

homicides.htm 9 Workplaces Respond to Domestic and Sexual Violence: A National Resource Center: https://www.workplacesrespond.org/facts/ 10 National Domestic Violence Hotline: https://www.thehotline.org/resources/statistics/

43% of women killed in U.S. workplaces were killed by a relative or domestic partner.8

96% of people who experienced domestic violence reported their work performance suffered as a consequence of the abuse.9

75% of people who experience domestic violence cited economic insecurity as the main reason they stayed with the person abusing them.9

64% of employees who reported experiencing domestic violence felt their ability to work was affected by the violence. 10







6

In 2012, U.S. President Barack Obama issued a presidential memorandum that required federal agencies to

develop or modify policies for addressing the effects of domestic violence on the workforce. At the time,

California already had laws in place granting employees experiencing domestic violence, sexual assault, or

stalking the right to take time off of work to safeguard their health and wellbeing, and to request

accommodations to stay safe at work. In 2013, California passed a bill prohibiting employers from

discriminating or retaliating against employees for taking time off work or requesting accommodations

related to domestic violence. In 2015, the City of Berkeley updated its policy that allowed employees to take

extended leave for family care or health issues to include domestic violence issues, as required by state and

federal law. Berkeley issued a stand-alone version of the policy in early 2019 that focused on leave time and

accommodations for employees experiencing domestic violence.

Domestic violence is a complex issue for employers to address. Employers are not expected to be counselors

or provide supportive services such as shelter, legal services, or counseling. But a secure workplace can be a

safe haven for some and safety at work is an important part of an individuals’ comprehensive safety plan.

Employers can also be a resource to connect employees to supportive services in the community, such as the

City’s existing Employee Assistance Program.11 On the other hand, employers could inadvertently worsen the

situation if their response to employees experiencing domestic violence does not use best practices to

demonstrate sensitivity to those experiencing domestic violence. Another challenge is that employers must

also balance the concerns of individual employees with the need to maintain business operations.

11 Berkeley contracts with Claremont Behavioral Services Employee Assistance Program, which provides city employees referrals to

counseling and other supportive services, including domestic violence counseling and community resources.

A note about language used in this report:

Domestic Violence: Domestic violence can take many forms, both physical and

non-physical. It includes, but is not limited to: physical violence, injury, or

intimidation; sexual violence or abuse; emotional and/or psychological

intimidation; verbal abuse; threats; harassment; stalking; or economic abuse and

control. This report uses the term domestic violence to include all of these forms

of abuse.

Person/Employee, Survivor, and Victim: People are not defined by their

experience. To acknowledge employees’ personhood and personal right to

choose how they would like to identify, we use the term “person/employee

experiencing domestic violence” rather than “survivor” or “victim.” We also use

“person using violence or abuse” rather than “perpetrator” or “abuser.”


7

Berkeley’s Domestic Violence Leave

Policy Does Not Completely Reflect

State Requirements

Berkeley’s domestic violence leave policy (Administrative Regulation 2.21)

generally reflects state law by allowing employees to take time off of work

and request workplace accommodations to stay safe at work. However, the

policy is missing some important components and clarity that would help

ensure that Berkeley complies with the requirements of state law. If

Berkeley’s policy does not have clear and explicit language that includes all

key components of state law, city employees will not have complete

information about how to support those experiencing domestic violence in a

way that fully complies with the law, and city employees may not understand

their rights and responsibilities.

The policy does not address sexual assault and stalking,

or the rights of employees who have witnessed domestic

violence.

Berkeley’s domestic violence leave policy AR 2.21 does not define sexual

assault and stalking or state that the policy covers employees dealing with

those experiences. The policy also does not explicitly state that witnesses of

domestic violence may use leave time to participate in court proceedings,

though this right is included in the law. California law establishes employees’

right to take time off from work to protect their health and wellness if they

experience domestic violence, sexual assault, or stalking.12 It also establishes

their right to request reasonable accommodations to help them stay safe at

work. The law further allows that witnesses of any of these circumstances

have the right to use leave time to participate in court proceedings.

In 2018, Human Resources (HR) identified the need for a stand-alone

domestic violence leave policy. In quickly meeting this need, HR based the

policy on the existing Family Care Leave Policy,13 which did not include all

the terms in the state requirements. The City Attorney’s Office reviewed the

policy but did not note that some language describing who is covered by the

policy was missing. According to HR staff, the policy was limited to a leave

policy, which could account for the omission.

Sexual assault can cause psychological, emotional, and

physical distress that can lead to problems at work. More than 50 percent of people who have been stalked reported being

stalked at work.

12 California Labor Code sections 230 through 230.2: https://bit.ly/2YO344z 13 This policy allows employees to take leave, beyond what is allowed in other policies, for family

care or health issues as required by state and federal law.

https://bit.ly/2YO344z


8

If Berkeley’s policy does not explicitly define and address sexual violence and

stalking as defined in state law, there is a risk that employees with these

experiences will not know that they have rights under the policy. Additionally,

supervisors may not be able to provide correct information to employees who

are either facing these issues themselves or are witnesses. By not explicitly

including these provisions from the law, there is an increased risk that city

staff will not respond appropriately if someone experiencing sexual assault or

stalking comes forward to seek assistance. As a result, employees experiencing

sexual assault and/or stalking may not get the workplace assistance that they

are allowed and they may face greater risk of harm, trauma, or even death.

These risks can affect not only the person experiencing domestic violence but

also their coworkers.

The policy does not state factors used in determining

whether accommodations are reasonable.

Berkeley’s policy AR 2.21 states that employees may request reasonable

accommodations for their safety while at work, but does not include language

from state law that describes how employers should evaluate whether a

request is reasonable. If an employee reports that they are experiencing

domestic violence and requests accommodations to stay safe at work, state

law requires employers to engage in a timely, good faith, and interactive

process with the employee to determine effective reasonable accommodations.

This provision is included in Berkeley’s policy, but does not explicitly state

that HR considers employee circumstances and needs in addition to impact

on city operations. The law requires employers to consider the following

when determining whether the accommodation is reasonable:

Employers must consider the urgency of the circumstance or danger

facing the employee; and

Employers are not required to undertake an action that constitutes an

undue hardship on their business operations (requiring significant

difficulty or expense).

Including this language in the policy would help city staff charged with

arranging accommodations to better understand what factors to consider in

determining if they are reasonable. Without this guidance, supervisors and

HR staff may not consistently align with the law or apply the policy.

Impacts of domestic violence can affect not only the person

experiencing domestic violence,

but also their coworkers.

State law requires employers to engage in a timely, good faith,

and interactive process with the employee to determine effective and reasonable

accommodations.


9

The policy title is focused on leave and is not

comprehensive.

The title of Berkeley’s policy in AR 2.21 is “Domestic Violence Leave Policy,”

which implies that the topic is limited to taking leave related to domestic

violence rather than a comprehensive response to employees experiencing or

who have witnessed domestic violence, sexual assault, or stalking. State law

goes beyond allowing leave to also granting the right for employees to request

accommodations to help them stay safe at work. The title of the policy may be

misleading to both employees and supervisors seeking information about the

full range of support available to employees and how to access it. An accurate

descriptive title can help employers easily communicate to employees what

the policy covers and provide the information they need.

The policy does not allow exceptions for employees to

self-certify their leave or accommodation.

Domestic violence circumstances and employee needs vary, yet Berkeley’s

policy AR 2.21 does not provide HR the flexibility to tailor its response based

on employees’ specific situation. If employees have an unexcused absence

from work due to the effects of domestic violence, the law allows but does not

require employers to request proof that the absence was for that reason.

Berkeley’s policy requires employees who have had an unexcused absence to

retroactively provide certification to justify their use of leave in all instances.

Certification can include a police report, restraining order, or note from a

doctor, counselor, or domestic violence or sexual assault advocate.

Berkeley’s requirement also conflicts with guidance from domestic violence

experts who state that it is important for policies to be flexible enough to allow

for a case-by-case approach that responds to the unique circumstances

individuals face. They also state that the needs of an individual experiencing

domestic violence and how they choose to seek assistance can vary depending

on many factors including their culture, support network, and access to

resources. Some of the actions people take to stay safe may not provide official

documentation. There is a risk that seeking services that provide

documentation may result in increased danger and retaliation, especially

considering that leaving an abusive relationship is usually the most dangerous

point in a person’s domestic violence experience.14

California state law

allows but does not

require employers to

request proof that the absence

was for one of the reasons

specified in the law.

14 National Coalition Against Domestic Violence: https://ncadv.org/why-do-victims-stay

https://ncadv.org/why-do-victims-stay


10

Some of the actions people take to stay safe provide individuals with official

documentation. For example, if law enforcement is called to a domestic

violence situation, they are likely to issue an immediate temporary restraining

order that could serve as documentation. Similarly, if an individual accesses

services from a domestic violence agency or organization, such as staying in a

shelter or participating in regular counseling, it is standard for the agency to

issue documentation that clients can give to their employer.

However, some actions do not necessarily provide documentation. For

example, leaving an abusive situation by moving into another family

member’s home may not involve domestic violence services or

documentation, especially if law enforcement was not involved. Leaving a

partner who harms or abuses is often the most dangerous time in a person’s

domestic violence experience, and there is a risk that seeking services that

provide documentation may result in increased danger and retaliation. In the

rare circumstances when an employee experiencing abuse may not have

documentation, HR could allow employees to sign a statement certifying that

they are using leave or requesting accommodations related to the allowed

purpose.

HR staff reported that, in practice, they do consider individual needs and

work interactively with employees to find the combination of leave time and

accommodations that is the greatest benefit to the employee. They also

reported that they prioritize getting employees the time off they need over

getting documentation. However, it is important to document that practice in

the policy to ensure it continues when new HR staff take on the role of

administering the policy. It is also important that the policy state that HR may

use its discretion to determine when additional supporting documentation

may be necessary or when accepting a signed statement may be appropriate.

To encourage employees experiencing domestic violence to seek assistance

from HR, the policy should specify that employees can come to HR regardless

of whether they initially have supporting documentation. HR could also

specify that a signed statement, like the one required for bereavement leave,

can be acceptable to justify the need for accommodations. Domestic violence

issues are unique to individual circumstances. Therefore, domestic violence

leave policy elements do not necessarily need to apply to other city policies

about employee leave and accommodations.

Leaving a partner who abuses is often the most dangerous time

in a person’s domestic violence experience. Therefore, there is a risk that seeking services that provide documentation may result in increased danger and

retaliation.

Domestic violence is widely underreported. People experiencing

domestic violence and abuse face many barriers to coming forward, including fear of discrimination or retaliation at

work.


11

Recommendations

To reflect the full extent of state law, we recommend Human

Resources revise the policy to:

1.1 Define and include sexual assault, stalking, and witnesses’ rights.

1.2 State that when assessing safety accommodations, Human Resources

takes into consideration danger to the employee and undue burden to

the employer.

To clearly communicate the policy to employees and

supervisors, we recommend Human Resources:

1.3 Revise the policy title to reflect the comprehensive scope of the policy.

To allow Human Resources the flexibility to tailor its

response to individual domestic violence circumstances,

we recommend Human Resources revise the policy to:

1.4 Clarify that requirements for employees to document their use of leave

or request for accommodations are at the discretion of Human

Resources and may include self-certification when appropriate. We

also recommend that Human Resources clarify that employees are

encouraged to come to Human Resources for assistance even if they

do not initially have the documentation that may be requested.


12

Berkeley’s Policy Does Not Address Key

Workplace Domestic Violence Issues

Berkeley has taken an important first step in establishing a stand-alone

domestic violence leave policy AR 2.21, but it is missing key elements that

could guide staff in responding to common related issues. More than 70

percent of employers in the U.S. do not have a formal program or policy that

addresses domestic violence.15 Berkeley is notable among employers

because it has created a policy. However, Berkeley can do more to help

navigate the challenges that result from domestic violence by adopting

elements from model domestic violence response policies. Berkeley has an

opportunity to develop its policy into a more comprehensive response to

domestic violence in the workplace and demonstrate its commitment to

keeping its workplace community safe.

Model workplace domestic violence response policies state that HR staff and

supervisors need guidance on topics beyond allowing leave time and

accommodations, including how to handle work performance issues for staff

experiencing domestic violence and how to ensure accommodations are

effective for staff in different work settings. Berkeley’s policy contains only

three of 12 model policy elements that address key domestic violence issues

that affect the workplace (see Table 2).

15 National Domestic Violence Hotline: https://www.thehotline.org/resources/statistics/



13

Table 2. Comparison of Berkeley’s Domestic Violence Leave Policy AR 2.21 to Model Domestic Violence Response Policies

Sources: Policies listed in column headers, interviews with domestic violence organizations, and auditor conclusion.

Model Policy Elements

Model Policies Berkeley’s

Policy

(AR 2.21) Workplaces Respond

American Bar Association

Department of Justice

Statement of support for employees Yes Yes Yes Yes

Explanation of leave time and accommodations

available to employees Yes Yes Yes Yes

Statement on non-discrimination and non-retaliation

related to domestic violence experience Yes Yes Yes No16

Addresses employee work performance issues in

the context of domestic violence experience Yes Yes Yes No

Designates responsibility of employer in helping employee to access unemployment insurance if

maintaining work is no longer viable Yes Yes No No

Designates training requirements for domestic

violence issues No17 Yes Yes No

Emphasizes prompt or immediate response to an

employee reporting domestic violence Yes Yes Yes Yes

Emphasizes prompt or immediate response to

domestic violence incidents between employees Yes Yes Yes No18

Inclusion of different work locations and settings in

workplace definition N/A N/A Yes No

Definitions of all relevant terms related to domestic

violence issues and specified in the law Yes Yes Yes No

Section discussing the importance of maintaining

domestic violence survivor confidentiality Yes Yes Yes No19

Designates employer responsibility relative to restraining order enforcement, including if the person using violence or abuse is also a city

employee

Yes Yes Yes No

16 Discussed in other workplace policies, but not Administrative Regulation 2.21: Domestic Violence Leave Policy. 17 Workplaces Respond discusses the purpose of the policy as supporting a comprehensive education and training program. 18 A separate policy on violence in the workplace specifies “immediate” response, but that is not stated in the Domestic Violence Leave

Policy (AR 2.21). 19 AR 2.21 Domestic Violence Leave Policy states that supervisors and HR should keep information confidential but does not empha-

size the importance of confidentiality or provide detail about how to ensure confidentiality.

cpalmer

Rectangle


14

In addition to elements identified in model policies, there are other best

practices that could help Berkeley meet employees’ needs. One

recommendation from domestic violence organizations relevant to

Berkeley’s diverse community is that domestic violence response policies

should make a commitment to providing support that is inclusive and

representative of the community’s cultural and linguistic diversity. This is

critical to ensuring that a workplace domestic violence response policy is

sensitive to the intersection between domestic violence and factors such as

race, culture, and language. This view is not expressed in the City’s

stand-alone domestic violence leave policy. Making this commitment would

distinguish Berkeley as a leader in workplace domestic violence response

and align its policy with Berkeley’s core values of safety, health, equity, and

respect.

Without including the best practices such as those listed above, Berkeley

may not be prepared to respond to many of the issues that may occur when

an employee experiences domestic violence. As a result, the City may not be

able to adequately protect employees experiencing domestic violence or

support their success at work and continued employment. A lack of effective

support for employees experiencing domestic violence could also cost

Berkeley through decreased productivity and employee performance, and

increase the risk of harm to employees.

Recommendation

Berkeley’s Core Values: Service, Collaboration,

Respect, Equity, Accountability, Continuous Learning, Innovation, Safety, and Health

To ensure Berkeley’s policy addresses relevant domestic

violence issues in the workplace, we recommend Human

Resources revise its policy to:

2.1 Incorporate the model policy and all best practice elements described

in this finding, and communicate this guidance to city staff.


15

Berkeley Needs to Take Steps to Prepare

All Staff to Comply with the Policy

Berkeley employees are not prepared to implement a comprehensive

domestic violence response policy. Without engaging in training, outreach,

and collaboration, Berkeley cannot implement a comprehensive system to

support employees experiencing domestic violence, sexual assault, or

stalking. Berkeley has taken a first step in establishing a stand-alone

domestic violence leave policy, but has not yet planned for how it will use

best practices to fully implement the policy.

To be a leader in effective and thoughtful approaches to responding to

domestic violence in the workplace, Berkeley will need to take steps to

prepare all staff to comply with the policy as intended. There are practices

that Berkeley is not currently following but can adopt to be better positioned

to implement a robust, coordinated, and supportive domestic violence

response plan. These include:

1. Training for all supervisors about domestic violence at work and the

expectations for how they should respond;

2. Outreach and education to inform employees about domestic

violence in the workplace and ways in which the City can support them;

3. Collaboration with resources in the City and in the community to

strengthen Berkeley’s domestic violence response; and

4. Commitment to an inclusive and trauma-informed

perspective in addressing domestic violence at work.

Provide training and guidance for supervisors.

Supervisors need training to understand the domestic violence response

policy and their role in following the policy. Supervisors and HR staff will

also need training on the best practices for supporting employees

experiencing domestic violence. All staff should be included in some level of

information sharing about the policy because an employee experiencing

domestic violence may be more willing to first report domestic violence to a

coworker or supervisor they regularly work with rather than to HR. Without

training on how to address performance issues that could be related to

abuse, supervisors are not equipped to respond appropriately. HR should

“Employers have an important role to play [and by] providing

support for employees who experience abuse, HR professionals may be able to

prevent workplace tragedies.”

- Society for Human ResourcesManagement, “When Domestic

Violence Comes to Work”


16

provide training to help supervisors and HR personnel respond

appropriately and sensitively to employees with domestic violence concerns.

Trainings should include guidance on how to handle performance issues

related to domestic violence.

Inform employees about the policy and encourage them

to seek assistance.

Ongoing outreach and education about the domestic violence response

policy can both inform employees about their options to address domestic

violence and provide encouragement for them to seek the available

assistance. In one national survey of U.S. workplaces, two out of three

respondents reported that they were not aware of their workplace having a

domestic violence response policy.20 Employees who do not know about

their rights or the City’s policy, or who do not feel comfortable reporting

their domestic violence experience, may not request the time off or

accommodations they need to address domestic violence concerns.

Informing all staff about the domestic violence response policy can also help

staff understand the expectations of their role and mitigate the risk that

Berkeley may be liable if staff are not sufficiently informed to follow the

policy as intended. Actions HR could take to facilitate ongoing outreach

include:

Developing outreach materials using different types of media to let

employees know about their rights as specified in the City’s

domestic violence response policy. Outreach materials should

include language that is supportive, understandable, and

trauma‑informed (see text box below);

Making sure outreach materials and information about domestic

violence resources in the community are accessible to all

employees, including on the City’s website on a page that uses

web‑safety protocols; and

Informing employees about the policy through the employee

newsletter, Berkeley Matters, all-staff email communications, and,

for staff without computer or internet access, by asking managers

to share this information.

Considering current workload and capacity constraints, Human

Resources can explore options such as providing short video trainings for supervisors and including domestic violence training in existing supervisor

trainings.

Web safety protocols are steps organizations can take to help people stay

safe by keeping their internet use private when accessing information online. Protocols include adding a safety alert header or a quick escape button to a website. More tips for technology safety can be found

at NNEDV.org.

20 Corporate Alliance to End Partner Violence: http://www.ncdsv.org/images/

CAEPVSurvey.WorkPlace.pdf

http://www.ncdsv.org/images/CAEPVSurvey.WorkPlace.pdf

http://www.ncdsv.org/images/CAEPVSurvey.WorkPlace.pdf


17

Collaborate with city staff on domestic violence response.

By collaborating with city employees who have expertise in domestic

violence and crisis response, such as mental health providers and law

enforcement, Berkeley can build capacity to promote a supportive and safe

workplace. HR and city staff are not expected to be experts in domestic

violence or provide supportive services such as shelter, counseling, or legal

services. Convening a domestic violence response team would help HR

access the knowledge and experience needed to develop a comprehensive

domestic violence response that considers the many different perspectives

of Berkeley’s diverse employees. Actions HR could take to facilitate

collaboration include:

Convening a domestic violence response team with City staff, such

as mental health providers and law enforcement, who are

informed about domestic violence to advise on policies, outreach,

and education;

Communicating with representatives in each department that may

be involved in a workplace accommodation to establish a response

process and clarify roles. Those departments may include: HR, IT,

OSHO/building security, public works, police, the City Attorney’s

Office, and the City Manager’s Office; and

Contacting domestic violence organizations and the City’s

Employee Assistance Program provider to develop a list of

culturally‑specific and linguistically‑representative resources to

refer employees to when they request help.

The City has department experts on issues and

services related to domestic violence, such as mental health professionals in the Health Housing & Community Services Department and Berkeley Police Department’s Domestic Violence Prevention Unit. These experts can advise Human Resources on the tone and language of the policy, training, and outreach materials.

A trauma-informed approach 1) takes into account that all people may have

experienced trauma, 2) includes the individuals in decisions about their wellbeing,

and 3) promotes a culture of safety, empowerment, and healing.

An inclusive response considers employees’ needs across differences in

socio‑economic status, race, culture, language, age, gender, and sexual

orientation. Resources and information should be accessible to people across these

differences.


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Adopt a trauma-informed and inclusive approach.

Domestic violence organizations emphasize the importance of using a

trauma‑informed approach to developing a domestic violence response

policy and response. Doing so takes into consideration the needs of people

who have experienced trauma and provides referrals to resources that can

support healing. They also emphasize that experiences of domestic violence

can vary depending on an individual’s circumstances and that a domestic

violence response should be inclusive. An inclusive response considers

employees needs across differences in socio‑economic status, race, culture,

language, age, gender, and sexual orientation. A thorough explanation of

trauma-informed and inclusive principles is beyond the scope of this audit,

but we included a high-level summary in the textbox above. A trauma-

informed approach can help prevent employers from causing additional

harm to someone experiencing domestic violence. An inclusive perspective

is also essential to developing a domestic violence response that is as

effective as possible for employees from different backgrounds. Actions HR

could take to adopt a trauma-informed and inclusive approach include:

Providing training to HR staff and supervisors about

trauma-informed and inclusive principles;

Applying a trauma-informed lens to addressing performance

issues;

Using a supportive and non-judgmental tone for policy and related

communication;

Ensuring flexibility in policy and options to reasonably meet

unique needs of each individual; and

Maintaining an up-to-date and accurate directory of resources to

refer employees to, including culturally-specific and linguistically

appropriate options (see Appendix III).


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Recommendation

To prepare Berkeley employees for implementing an

inclusive domestic violence response policy, we

recommend Human Resources:

3.1 Implement best practices, including:

Training supervisors and Human Resources staff about their role

in responding to employees experiencing domestic violence and

providing information for employees about the domestic violence

response policy;

Conducting periodic outreach to employees to inform them about

the policy, encourage them to come forward, and provide general

information about domestic violence;

Facilitating collaboration among city staff who have a role in

implementing the policy, and convening a domestic violence

response team to advise on policies, ongoing outreach and

education, and Human Resources’ implementation of

recommendations from this audit; and

Adopting a trauma-informed and inclusive approach.

Recommendation


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Methodology

We audited the City of Berkeley’s current domestic violence leave policy for city employees. We performed a

risk assessment of the City’s policy and of domestic violence in the workplace to identify potential internal

control weakness, health and safety concerns, and fraud risks. There were no fraud risks significant to our

objectives. We focused our audit on the City’s policy and preparedness to respond to domestic violence

concerns. We did not review how the City responded to current or past instances of employees experiencing

domestic violence. We provided a copy of the draft report to the Health, Housing, and Community Services

Department, the City Attorney, and the Police Department. To accomplish our audit objectives, we:

Reviewed State of California Labor Code Sections 230, 230.1, and 230.2 governing employers’

responsibilities to employees who report experiencing domestic violence, sexual assault, or stalking,

or who have witnessed such circumstances.

Reviewed California Government Code Section 12926 to understand the legal definition of “undue

hardship” and California Labor Code Section 6400 to understand the legal definition of a “place of

employment that is safe and healthful” as both are referred to in California Labor Code Section 230.

Reviewed Administrative Regulation 2.21: Domestic Violence Leave Policy; Administrative

Regulation 2.4: Family Care Leave; Employee Violence in the Workplace and Employee Security

Policy; and Bereavement Leave Policy to understand the city policies relevant to employee leave and

safety.

Interviewed Human Resources staff to gain an understanding of their process for developing and

using the policy, and to understand their needs when supporting staff using the policy.

Interviewed City Attorney staff to understand the process that city policies go through for review

and approval in the City Attorney’s Office, and the specific review of Administrative Regulation 2.21:

Domestic Violence Leave Policy.

Reviewed best practices and studies from organizations focused on helping persons experiencing

domestic violence to understand the impact of domestic violence in the workplace and what

subject‑matter experts suggest employers do to address the concern. Specifically, we looked at

information from National Domestic Violence Hotline; Futures Without Violence; Rape, Abuse &

Incest National Network; National Network to End Domestic Violence; Narika; Women Organized

to Make Abuse Nonexistent, Inc. (W.O.M.A.N., Inc.); National Coalition Against Domestic Violence;

Maine Department of Labor: Family Crisis Services; and Society for Human Resources

Management.

Reviewed model policies from organizations that focus on domestic violence in the workplace to

understand what information policies need to include. Specifically, we looked at policies from

Workplaces Respond to End Domestic and Sexual Violence: National Resource Center; American

Appendix I—Methodology and Statement of Compliance


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Bar Association; U.S. Department of Justice; and Legal Momentum: The Women’s Legal Defense

and Education Fund.

Reviewed King County, Washington’s audit, Domestic Violence Resources for County Employees

Are Limited and Hard to Find, to identify best practices, model policies, and common issues found

in government jurisdictions in regards to responding to those experiencing domestic violence. We

also reviewed Kind County’s Peer Review, which concluded the organization and sufficient quality

control system were in place. We, therefore, concluded we could rely on the results of their audit.

Reviewed policies on domestic violence in the workplace from the City and County San Francisco,

City of Los Angeles, and King County, Washington to understand what other local government

jurisdictions have developed.

Obtained Berkeley City Resolution 68,301-N.S. co-authored by Berkeley’s Peace and Justice

Commission and Commission on the Status of Women resolving that freedom from domestic

violence is a human right to understand local concerns regarding the effects of domestic violence.

Obtained the City of Berkeley’s Strategic Plan to understand the core values as they may apply to the

city’s workforce.

Reviewed labor agreements between the City of Berkeley and its unions, associations, and

bargaining units to understand which contracts include explicit language regarding domestic

violence leave.

Gathered statistics on domestic violence at the national, state, and local level to understand the

prevalence of domestic violence. We specifically obtained statistics from National Domestic

Violence Hotline; Alameda County Department of Public Health; National Bureau of Labor

Statistics; National Coalition Against Domestic Violence; Workplaces Respond to End Domestic and

Sexual Violence: A National Resource Center; and Corporate Alliance to End Partner Violence.

Domestic Violence Statistics

Domestic violence is a sensitive topic making it difficult to obtain current, complete data. Research relies on

people to self-report their domestic violence experiences and many people are unable to do so. Additionally,

the organizations we cite in this report used varying sources, dates, population sizes, and other factors in their

studies. As a result, some of the statistics we use in this report are several years old or do not match precisely

across studies, e.g., one statistic may say 70 percent while another says 65 percent for the same topic.

However, what is consistently true is that domestic violence is a severe and prevalent problem, it shows up in

the workplace, and it can have devastating effects on those experiencing domestic violence and their

colleagues. Further, the organizations that conducted the studies are knowledgeable on the effects of domestic


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violence and, therefore, credible in their work. As such, we determined that the statistics were sufficiently

reliable for providing context in our report.

Independence Assessment

The lead auditor for this report serves as our office’s Area Safety Monitor (ASM). The role of the ASM is to

discuss safety issues with the City’s Occupational Health & Safety Officer (OHSO) during regular safety

committee meetings for city employees, and to share safety information between the OHSO and our office. It

was serving in this capacity that the concern regarding the City’s domestic violence leave policy came to our

attention. The lead auditor also has had prior experience working and volunteering with people experiencing

domestic violence. We assessed the role of the ASM and the lead auditor’s former experience. This included

consulting with an external audit expert on audit independence standards. We concluded that no

independence impairments exist. Nonetheless, to support our commitment to independence, we put

safeguards in place to address any potential perception that impairments did exist. Safeguards include

disclosing this information in this report, and ensuring that the Audit Manager verified that our audit

findings, conclusions, and recommendations are supported by unbiased, factual, sufficient, and appropriate

audit evidence.

Statement of Compliance

We conducted this performance audit in accordance with Generally Accepted Government Auditing

Standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate

evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We

believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our

audit objectives.


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Appendix II—Management Response

We provided a draft of this report to City Management and the Human Resources Department (HR) for

review and comment. HR provided comments, which are reproduced in full below. In its comments, HR

agreed to our findings and conclusions and agreed with five recommendations, but did not agree with one

recommendation.

HR concurred with our recommendation 1.1 to revise the policy to define and include sexual assault, stalking,

and witnesses’ rights as well as with recommendation 1.2 to revise the policy on considerations in assessing

safety accommodations. They also agreed to revise the title in recommendation 1.3 to be more

comprehensive.

HR did not agree to allow employees to self-certify their leave request as we proposed in recommendation

1.4. The department said that, in its efforts to be consistent in its application of leave protected by legal

mandate, that it is essential for employees to obtain documentation as allowed by law. We understand their

perspective but note that the state law uses the language “may obtain” rather than “mandate.” for the list of

possible documentation. In our work focusing on identifying risks, we want to ensure that in rare

circumstances employees can attest to their unique situation. For some, obtaining documentation poses an

obstacle that they may be unable to overcome even in life-threatening circumstances. This is a risk that could

be addressed through self-certification. HR agreed to our proposal in recommendation 1.4 to encourage

employees to come forward for help even if they do not have documentation. HR also informed us that they

will work closely with employees to first prioritize their safety and connect them with help through the

Employee Assistance Program to obtain documentation. While we understand the confines within which HR

must operate, we continue to encourage flexibility to allow for employees to forego the certification

requirement in rare circumstances.

HR expressed its commitment to the intent of recommendations 2.1 and 3.1. While the department agreed to

those recommendations, it is still evaluating how best to fully implement them within the boundaries of its

operations. Our recommendations are not meant to require HR to take actions for which they are not

qualified. Therefore, as part of our follow-up process, we will be actively engaging with HR to continue to

help them understand the purpose of our recommendations so that they implement them only as intended.

We want to emphasize the importance of collaborating with domestic violence experts working in the city in

developing policies and trainings, and that these are created and implemented through a trauma-informed

lens. Ultimately, we made these recommendations with the intention of mitigating safety and harm risks to

the city when addressing domestic violence issues.

Below are HR planned corrective actions and proposed implementation dates. We will monitor their

progress through our follow-up process and the department will provide City Council with regular updates

on its actions until they address all of our recommendations.


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1.1

To reflect the full extent of state law, we recommend Human Resources revise the

policy to define and include sexual assault, stalking, and witnesses’ rights.

Management Response: Concur

Proposed Implementation Plan: Note: Proposed changes to the language of the current

policy are indicated by italics.

Add Witnesses To Policy: Human Resources proposes to modify t he language of

Administrative Regulation No. 2.21 at Section II “Policy,” such that the first sentence reads as

follows: “The City of Berkeley is committed to promoting a work environment that is

supportive of victims of domestic violence, testifying witnesses, and the effects the abuse can

have on employees and the workplace.”

Add Witnesses To Definitions: Human Resources proposes to add language to Administrative

Regulation No. 2.21 at Section III “Definitions,” to include the following sentence: “D. Witness

-- A witness is an employee required by subpoena or other court order to testify as a witness

at any judicial proceeding.”

Add Witnesses To Procedures: Human Resources proposes to modify Administrative

Regulation No. 2.21 at Section IV “Procedures” to reflect the provisions in Labor Code Section

230(b), regarding witnesses. The following paragraph may be added under IV, A., 6: “6.

Procedure for Witnesses: An employee who requests time off to serve as a witness in any

judicial proceeding must produce either a subpoena or other court order to immediate

supervisor requiring their appearance as a witness in any judicial proceeding, including but

not limited to restraining orders hearings, family court hearings, and trial.”

Note Re Accused/Alleged Perpetrators As Witnesses: Human Resources may also add a brief

note indicating that the City also permits leave under this policy for testifying witnesses who

are accused of domestic violence, sexual violence, stalking, etc. Labor Code Section 230(b)

protects subpoenaed witnesses when required to testify in “any judicial proceeding.”

Modify Definition of Perpetrator: Because of the updates related to sexual assault and

stalking, HR proposes to revise the definition of perpetrator in Administrative Regulation No.

2.21 at Section III. “Definitions,” C. “Perpetrator” as follows: “Perpetrator – The individual

who commits or threatens to commit an act of domestic violence, sexual assault or stalking.”

Adding Sexual Assault And Stalking: Human Resources proposes to modify Administrative

Regulation No. 2.21 at Section IV “Procedures,” A. “Request for Time Off” to read as follows:

“Employees who are victims of domestic violence, sexual assault and/or stalking […]”.

Proposed Implementation Date: January 1, 2020


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1.2

To reflect the full extent of state law, we recommend Human Resources revise the

policy to state that when assessing safety accommodations, Human Resources takes

into consideration danger to the employee and undue burden to the employer.


Proposed Implementation Plan: Human Resources proposes to revise Administrative

Regulation No. 2.21 at Section V. “Responsibilities,” C. “Human Resources Department,” to

provide, in accordance with Labor Code Section 230(f), that: “In determining whether the

accommodation is reasonable, the City of Berkeley shall consider an exigent circumstance

or danger facing the employee. This does not require the City to undertake any action that

constitutes an undue hardship on the employer’s business operations.”

The above sentence would be inserted prior to the last sentence in the current Regulation.

The last sentence reads: “To the extent required by law, the Human Resources staff will

maintain confidentiality of any employee requesting time off.”


1.3

To clearly communicate the policy to employees and supervisors, we recommend

Human Resources revise the policy title to reflect the comprehensive scope of the

policy.


Proposed Implementation Plan: Human Resources proposes to revise the title to read:

Domestic Violence, Other Protections and Leave Policy, and advise employees of changes to

the policy which include protections for victims of sexual violence, stalking and witnesses

giving testimony. Additionally, further definitions listed in Section 1.1 give sufficient notice of

bases for leave and reasonable accommodation.



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1.4

To allow Human Resources the flexibility to tailor its response to individual domestic

violence circumstances, we recommend Human Resources revise the policy to clarify

that requirements for employees to document their use of leave or request for

accommodations are at the discretion of Human Resources and may include self-

certification when appropriate. We also recommend that Human Resources clarify

that employees are encouraged to come to Human Resources for assistance even if

they do not initially have the documentation that may be requested.

Management Response: Disagree

Proposed Implementation Plan: This recommendation is not reflective of requirements

under Labor Code Section 230.

Request for time off: Section 230 provides that when an unscheduled absence occurs,

employer shall not take any action against employee until employee provides certification

within a reasonable time. The mandatory certification requirements listed in Administrative

Regulation No. 2.21 are already within legal parameters for taking leave/time off as delineated

in Labor Code Section 230(d)(2)(A-C). Self-certification is not included or discussed in this

portion of the statute. Human Resources proposes to add a Section IV. A. 2. iv. Which

provides as follows: “iv. A written declaration or statement by employee request for the

applicable leave and agreement to submit one of the listed items listed in i. through iii.

within ten (10) calendar days within leave request.”

Request for an accommodation: When employee requests an accommodation, however, the

self-certification may be requested by the employer and submitted by the employee. The

statute at Section 230(f)(7)(A) refers to self-certification as “a written statement signed by the

employee or individual acting on the employee’s behalf, certifying that the accommodation is

for a purpose authorized […]” by the statute.

To be clear, the City is obligated to obtain certification from employees requesting leave for

unauthorized absences in the form of police reports, court orders or documentation from a

professional. However, when the employee requests a reasonable accommodation, the City

may accept self-certification (i.e., a written statement from the employee). To ensure that

accommodation requests are consistent with other policies (e.g., FMLA and/or ADA), Human

Resources proposes to add a Section IV. B.1. which provides as follows: “1. In support of a

request for reasonable accommodation, an employee shall provide written certification

documentation from a medical professional or other healthcare provider concurrent with

the accommodation request. Alternatively, an employee may provide a written declaration


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or statement by the employee followed by documentation from a medical professional or

other healthcare provider within thirty (30) calendar days of the accommodation request.”

The Human Resources staff will engage the employee in an interactive process to determine

effective reasonable accommodations that can be provided to aid her/him in safeguarding

their health and safety. When implementing any accommodations Human Resources will

ensure that all appropriate benefits are provided, i.e. EAP. Any reasonable accommodation

involving changes to an employees working conditions will be in accordance with the terms of

the employee’s MOU, Personnel Rules and Regulations.

HR proposes to add to Section IV. 3 Confidentiality: The City recognizes the importance of

maintaining confidentiality. The immediate supervisor shall maintain the confidentiality of

any employee requesting leave under this regulation.


2.1

To ensure Berkeley’s policy addresses relevant domestic violence issues in the

workplace, we recommend Human Resources revise its policy to incorporate the

model policy and all best practice elements described in this finding, and

communicate this guidance to city staff.


Proposed Implementation Plan: Human Resources intends to distribute the policy to

city staff via email on a quarterly basis with an explanation of changes. Human Resources

may notify employees in Berkeley Matters, highlighting changes and notifying supervisors

about changes of which they need to be aware. Following the model policies provided by the

Audit Team, Human Resources will add a) the statement of non-discrimination and non-

retaliation; b) further definitions of key terms; and c) a sentence addressing the importance of

survivor confidentiality.

In addition, Human Resources will assess the feasibility of adopting additional elements from

model policies and will add as appropriate at a later date.



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3.1

To prepare Berkeley employees for implementing an inclusive domestic violence

response policy, we recommend Human Resources implement best practices, including:

Training supervisors and Human Resources staff about their role in responding to

employees experiencing domestic violence and providing information for employees about

the domestic violence response policy;

Conducting periodic outreach to employees to inform them about the policy, encourage

them to come forward, and provide general information about domestic violence;

Facilitating collaboration among city staff who have a role in implementing the policy, and

convening a domestic violence response team to advise on policies, ongoing outreach and

education, and Human Resources’ implementation of recommendations from this audit;

and

Adopting a trauma-informed and inclusive approach.


Proposed Implementation Plan:

Training (To Be Implemented By Approx. January 1, 2020): Human Resources may

coordinate with organizational trainer Wilhelmina Parker to add policy review to supervisor

training to include revised domestic violence policy. Additionally, training announcement to

be placed in Berkeley Matters.

Human Resources Will Request Appropriate Resources: Human Resources will be requesting

resources to conduct additional year-round training outside of what is currently proposed.

The department does not have resources to prioritize domestic violence policy as a program,

but aims to make its leave administration consistent with other such as FMLA, ADA, and

collaborative with the needs of employees experiencing workplace violence.

Collaborative Approached Already Implemented: Human Resources already collaborates with

other departments regarding necessary resources for the employee, including building

security, workplace violence prevention, and information technology (changing computer,

phone, email, work location). Administrative Regulation No. 2.21 Section IV, 1 (“Procedures”)

already provides that employees will give reasonable advance notice to their immediate

supervisor re leaves and unscheduled absences. In addition, Human Resources already has

applicable Leave Specialist in the department available to process leave requests. A response

team requires additional resources and may create potential liabilities re HIPAA, privacy and

confidentiality as well as inefficient administration.


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Human Resources employees are not trained social workers or therapists equipped to provide

Response Team services which are outside of the scope of leave administration.

Critical to future deployment and operational implementation, Human Resources will seek

broad input from various departments in administration and in training development around

this policy.

Proposed Implementation Date: Specified for individual components of the

implementation plan, above.


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Domestic Violence Resources

To further our intention of providing a roadmap for Berkeley, we wanted to provide some resources for those

who could benefit. If you or someone you know are experiencing domestic violence or abuse, sexual assault, or

stalking, you are not alone and help is available. Please reach out to one of the following resources for more

support:

If your life is in danger, please call 9-1-1 or your local emergency number.

National Domestic Violence Hotline: Advocates are available 24 hours a day, 365 days a year

to help you create a plan to stay safe and refer you to services in your community. Help is available

by phone or online chat:

1-800-799-7233 (English and Spanish) | 1-800-787-3224 (TTY) | thehotline.org

Employee Assistance Program: City of Berkeley employees have access to counselors through

Claremont Employee Assistance Program. Counselors are available by phone 24 hours a day, 365

days a year. Claremont can also refer members to counselors or domestic violence services in your

local community. Services are available in many languages and translation services are available:

1-800-834-3773

Alameda County Family Justice Center (ACFJC): The ACFJC website provides helpful

information and resources for people experiencing domestic abuse in Alameda County. Information

is available that addresses domestic violence and teens, the LGBTQ+ community, immigrants,

children, people with disabilities. There is also information about restraining orders, technology

safety, housing, and employment. Visit their website:

http://www.acfjc.org/resource_library/domestic_violence

Appendix III—Domestic Violence Resources

http://www.acfjc.org/resource_library/domestic_violence


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Mission Statement

Promoting transparency and accountability in Berkeley government.

Audit Team

Claudette Biemeret, Audit Manager Caitlin Palmer, Auditor-in-Charge Tracy Yarlott-Davis, Audit Team Member City Auditor Jenny Wong Office of the City Auditor Phone: (510) 981-6750 Email: [email protected] Website: www.cityofberkeley.info/auditor Copies of our audit reports are available at www.cityofberkeley.info/Auditor/Home/Audit_Reports.aspx Follow us:

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 ● Fax: (510) 981-6760 E-mail: [email protected] Website: http://www.CityofBerkeley.info/auditor

CONSENT CALENDAR October 29, 2019

To: Honorable Mayor and Members of the City Council

From: Jenny Wong, City Auditor

Subject: Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees

RECOMMENDATION

We recommend City Council request that the City Manager report back by April 28, 2020, and

every six months thereafter, regarding the status of our audit recommendations until reported

fully implemented by the Human Resources Department. They have agreed to our findings and

five of our recommendations. Please see our report for their complete response.

FISCAL IMPACTS OF RECOMMENDATION

We estimate that our first two recommendations will require 40 hours of staff time at an

approximate cost of $5,000, and that the third, and final, recommendation will require

approximately 100-300 hours at a cost of about $13,000 - $38,000, respectively. The Human

Resources Department may need funding to implement our recommendation to provide

training to their staff and supervisors. The cost is dependent upon the type of training Human

Resources chooses to implement.

It is not possible to assign a price to health and safety, but the cost of not implementing the

recommendations could be higher due to potential lost productivity, physical harm to

employees, and legal costs.

CURRENT SITUATION AND ITS EFFECTS

Berkeley’s domestic violence leave policy does not completely reflect California state law. The

policy does not address sexual assault, stalking, or witnesses’ rights; state factors used in

determining reasonable accommodations; or allow rare exceptions for employees to self-certify

their leave or accommodation requests. The policy title is also focused on leave, which is

misleading as to the scope that the state law covers.

Beyond state law, the policy does not address key workplace domestic violence issues, such as

addressing work performance issues for employees experiencing domestic violence. Further,

there are practices that Berkeley is not currently following, but could adopt, to be better

positioned to implement a coordinated and supportive domestic violence response, including:

training, outreach and education, collaboration, and commitment to an inclusive and

trauma-informed response.

mailto:[email protected]


Domestic Violence Response: Berkeley Needs to Adopt a Comprehensive Policy to CONSENT CALENDAR Support Employees October 29, 2019

Pg. 2 of 2

To reflect the full extent of state law, we recommend Human Resources revise the policy to

address sexual assault, stalking, and witnesses’ rights, and amend the policy title to reflect its

comprehensive scope. We also recommend that Human Resources allow for employees to

self-certify their leave and accommodation request when, in rare instances, it is not safe to

obtain other documentation, and to clarify in the policy that employees are encouraged to

come to Human Resources for assistance even if they do not initially have the documentation

that may be requested.

To ensure Berkeley’s policy addresses relevant domestic violence issues in the workplace, we

recommend Human Resources revise its policy to incorporate the model policy and best

practice elements described in our audit, and communicate the guidance to city staff.

Additionally, to prepare Berkeley for implementing an inclusive domestic violence response

policy, we recommend Human Resources provide training to supervisors and Human Resources

staff responsible for implementing the policy, conduct outreach and education for all

employees, facilitate collaboration, and adopt a trauma-informed and inclusive approach.

BACKGROUND

California law grants employees experiencing domestic violence, sexual assault, or stalking the

right to take time off of work to safeguard their health and wellbeing, and to request

accommodations to stay safe at work. The law extends to witnesses’ of domestic violence who

need to take leave in order to participate in court proceedings. Berkeley has a domestic

violence leave policy that focuses on leave time and accommodations for employees

experiencing domestic violence.

ENVIRONMENTAL SUSTAINABILITY

There are no identifiable environmental effects or opportunities associated with this report.

RATIONALE FOR RECOMMENDATION

In a national survey, 60 percent of respondents who experienced domestic violence reported

losing their jobs as a consequence of the abuse. Studies estimate that domestic violence costs

$8.3 billion a year in health costs and lost productivity in the United States. A comprehensive

and coordinated response for employees experiencing domestic violence can improve their

wellbeing and help keep workplaces safer.

CONTACT PERSON

Jenny Wong, City Auditor, City Auditor’s Office, 510-981-6750

Attachment:

1: Audit Report: Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support

City Employees

Documents

Domestic Violence Response: Berk eley Needs a ... · Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees . 4 . Introduction . Domestic violence